Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Occupation of common marine and coastal area - Managing occupation in common marine and coastal area

165E: Applications in relation to aquaculture settlement areas

You could also call this:

“Rules about who can ask to use special sea areas for fish farming and other activities”

You need special permission to do aquaculture activities in certain areas called aquaculture settlement areas. These areas are defined in the Maori Commercial Aquaculture Claims Settlement Act 2004. To apply for a permit in these areas, you must have an authorisation that relates to that space and activity. This authorisation must have been given to the trustee under section 13 of that Act.

If you want to do other activities in these areas, you can apply for a permit. However, these activities must not interfere with aquaculture activities. The authorities will also need to talk to the trustee and local iwi before giving permission.

If you applied for a permit after 1 January 2005 but before the area became an aquaculture settlement area, your application is not affected by these rules.

In this law, iwi means the same thing as it does in the Maori Fisheries Act 2004.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236030.

Topics:
Environment and resources > Farming and fishing
Māori affairs > Treaty of Waitangi
Māori affairs > Māori land
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165D: Power of consent authorities to refuse to receive applications for coastal permits, or

“Officials can say no to requests for using coastal areas if they've already said no to something similar in the past year.”

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165F: Provisions about occupation of common marine and coastal area, or

“Rules about how people can use shared ocean and coastal areas”

Part 7A Occupation of common marine and coastal area
Managing occupation in common marine and coastal area

165EApplications in relation to aquaculture settlement areas

  1. No person may apply for a coastal permit authorising occupation of space in an aquaculture settlement area (within the meaning of the Maori Commercial Aquaculture Claims Settlement Act 2004), for the purpose of aquaculture activities, unless the person is a holder of an authorisation that—

  2. relates to that space and activity; and
    1. was provided to the trustee under section 13 of that Act.

      1. A consent authority may grant a coastal permit authorising any other activity in an aquaculture settlement area, but only—

      2. to the extent that that activity is compatible with aquaculture activities; and
        1. after consultation with the trustee and iwi in the region.

          1. Subsection (1) does not affect any application received by a consent authority—

          2. after 1 January 2005; but
            1. before the space became an aquaculture settlement area.

              1. In subsection (2)(b), iwi has the same meaning as in the Maori Fisheries Act 2004.

              Notes
              • Section 165E: replaced, on , by section 49 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).